Lauren Brauer Legislative Update: Zero Tolerance to Zero Suspensions-an Analysis of Lausd's New Discipline Policy 36 Children's Legal Rights Journal 141 (2016) Across the country, schools have launched programs to address the shortfalls of zero tolerance discipline in order to keep children in schools. Prior to the 1970's, suspending children was relatively rare, as corporal punishment was the predominant form of discipline. After numerous studies suggested that corporal punishment was ineffective, as... 2016
Laura R. McNeal Managing Our Blind Spot: the Role of Bias in the School-to-prison Pipeline 48 Arizona State Law Journal 285 (Summer, 2016) That all citizens will be given an equal start through a sound education is one of the most basic, promised rights of our democracy.--Senator Paul Wellstone For decades, we have witnessed the increased criminalization of our nation's youth, especially youth of color and students with disabilities, through the implementation of zero tolerance... 2016
Jason P. Nance Over-disciplining Students, Racial Bias, and the School-to-prison Pipeline 50 University of Richmond Law Review 1063 (March, 2016) Over the last three decades, our nation has witnessed a dramatic change regarding how schools discipline children for disruptive behavior. Empirical evidence during this time period demonstrates that schools increasingly have relied on extreme forms of punishment such as suspensions, expulsions, referrals to law enforcement, and school-based... 2016
Janel George Populating the Pipeline: School Policing and the Persistence of the School-to-prison Pipeline 40 Nova Law Review 493 (Spring, 2016) I. Introduction. 493 II. How Did We Get Here?. 497 A. Discrimination, Segregation, and Discipline Disparities. 497 B. Surveillance. 502 III. Policing Discipline: The Emergence and Expansion of Police in Schools. 505 A. School Safety and School Discipline: Blurring the Role of Police in Schools. 505 A. Excessive Use of Force in Schools: When... 2016
Dara Yaffe Reading, Writing, and Rethinking Discipline: Evaluation of the Memoranda of Understanding Between Law Enforcement and School Districts in Massachusetts 51 New England Law Review 131 (Fall, 2016) School Resource Officers (SROs) are trained law enforcement officials who are assigned to work in schools and with community-based organizations to educate students in crime prevention and guarantee a safe school environment. In the last sixteen years, SRO presence in schools has steadily increased; however, politicians and policy makers recently... 2016
Derek W. Black Reforming School Discipline 111 Northwestern University Law Review 1 (2016) Abstract--Public schools suspend millions of students each year, but less than ten percent of suspensions are for serious misbehavior. School leaders argue that these suspensions ensure an orderly educational environment for those students who remain. Social science demonstrates the opposite. The practice of regularly suspending students negatively... 2016
Thalia González Restorative Justice from the Margins to the Center: the Emergence of a New Norm in School Discipline 60 Howard Law Journal 267 (Fall, 2016) INTRODUCTION. 268 I. RESTORATIVE JUSTICE IN THEORY AND PRACTICE. 274 II. THEORIES OF NORMATIVE CHANGE. 280 III. THE NORM CHANGE PROPOSITION: ADVANCING A NEW UNDERSTANDING OF SCHOOL DISCIPLINE IN THE UNITED STATES. 285 A. Stage One: Norm Emergence. 286 1. California. 288 2. Colorado. 290 3. Illinois. 292 4. Maryland. 293 5. Pennsylvania. 295 B.... 2016
Marilyn Armour Restorative Practices: Righting the Wrongs of Exclusionary School Discipline 50 University of Richmond Law Review 999 (March, 2016) Schools are beset with complex challenges in their efforts to educate students. The tough policies created to ensure safe learning environments appear to be increasingly ineffective, generating racial disproportionality in discipline, academic failure, high dropout rates, and a clear school-to-prison pipeline. The drive to meet the standards on... 2016
Douglas E. Abrams School Bullying Victimization as an Educational Disability 22 Temple Political & Civil Rights Law Review 273 (Spring 2013) After decades of national indifference that often left bullied elementary and secondary students to fend for themselves without meaningful protection from public school authorities, the United States now takes school bullying more seriously than ever before. According to the National Center for Education Statistics, however, much work is yet to be... 2016
Cassandra Black School Discipline Reform in Illinois: Creating Policies to Reduce the Use of Suspension and Expulsion 29 DCBA Brief 18 (November, 2016) Schools across the state began this school year with new policies and student handbooks in line with a new state law that restricts the use of exclusionary school discipline practices, like suspensions and expulsions. School districts have frequently relied on exclusionary discipline practices to address behavioral concerns in the school setting.... 2016
Kim Brooks, Vincent Schiraldi and Jason Ziedenberg School House Hype: Two Years Later 8-JUN Kentucky Children's Rights Journal J. 7 (June, 2000) In July 1998, the Justice Policy Institute (JPI) sought to inject some context into the debate around school violence inspired by the tragic shootings that occurred in Jonesboro, Arkansas, and a number of other communities. In School House Hype: School Shootings and the Real Risks Kids Face in America, JPI compared the notion that children faced... 2016
  School-to-prison Pipeline Expands with Innovative Diversion Efforts 35 No. 3 Child Law Practice 47 (March, 2016) The school-to-prison pipeline that draws children out of public schools and into the criminal justice system has long been understood to disproportionately affect young people of color. A new study released February 5 at the American Bar Association Midyear Meeting also shows that schools are failing lesbian, gay, bisexual and transgender youth at... 2016
Jason P. Nance Students, Police, and the School-to-prison Pipeline 93 Washington University Law Review 919 (2016) Since the terrible shootings at Sandy Hook Elementary School in Newtown, Connecticut, lawmakers and school officials continue to deliberate over new laws and policies to keep students safe, including putting more police officers in schools. Yet these decisionmakers have not given enough attention to the potential negative consequences that such... 2016
Haley Direnzo The Claire Davis School Safety Act: Why Threat Assessments in Schools Will Not Help Colorado 93 Denver Law Review 719 (2016) The United States is struggling with how to prevent the relatively new phenomenon of mass shootings or attacks, many of them occurring in schools. Colorado addressed this by passing the Claire Davis School Safety Act that allows individuals harmed in acts of school violence to sue the school districts where the incidents occurred. This law intends... 2016
Steven L. Nelson, J.D., Ph.D. , Jennifer E. Grace, M.Ed., N.C.C. The Right to Remain Silent in New Orleans: the Role of Non-politically Accountable Charter School Boards in the School-to-prison Pipeline 40 Nova Law Review 447 (Spring, 2016) I. Introduction. 448 II. The School-to-Prison Pipeline: The Need to Examine Charter Schools Beyond Standardized Test Scores in New Orleans' Schools. 449 A. Defining the School-to-Prison Pipeline and Identifying Its Primary Targets. 449 B. Discovering the Origins of the School-to-Prison Pipeline. 451 C. Realizing the Final Destinations of the School... 2016
Todd A. DeMitchell, Ed.D., M.A., M.A.T., Elyse Hambacher, Ph.D., M.A. Zero Tolerance, Threats of Harm, and the Imaginary Gun: "Good Intentions Run Amuck" 2016 Brigham Young University Education and Law Journal 1 (2016) Students want and need clear boundaries, structure, and consistency. They need to feel safe, cared for, and respected. It is always the right thing to set high expectations for students, not just in academic terms, but for their behavior and conduct. -Arne Duncan, U.S. Secretary of Education In 2014, a fifth grader in Massachusetts was suspended... 2016
Jonathon Arellano-Jackson But What Can We Do? How Juvenile Defenders Can Disrupt the School-to-prison Pipeline 13 Seattle Journal for Social Justice 751 (Spring, 2015) The School-to-Prison Pipeline is one of the greatest causes of racial and economic inequality in the United States. Through the use of exclusionary discipline policies, youth, particularly youth of color, are pushed out of schools and onto a path that ends in incarceration. This article is designed to expose the causes of this problem and to offer... 2015
Logan J. Gowdey Disabling Discipline: Locating a Right to Representation of Students with Disabilities in the Ada 115 Columbia Law Review 2265 (December, 2015) Data on school discipline reveals significant numbers of students are being suspended and expelled from public schools for a variety of low-level offenses, the so-called school-to-prison pipeline. Additionally, troubling disparities have emerged: Students with disabilities, poor students, and nonwhite students are removed from school at greater... 2015
Deanna J. Glickman Fashioning Children: Gender Restrictive Dress Codes as an Entry Point for the Trans* School to Prison Pipeline 24 American University Journal of Gender, Social Policy and the Law 263 (2015) I. Introduction. 264 II. Gender Norms and Dress Codes: A Tautology. 266 A. Brief History of Dress Codes. 267 B. Current Rationales for Dress Codes. 269 1. Gang Prevention and Violence Reduction. 269 2. Disciplined Learning Environment. 270 3. Professionalism. 271 C. How Gender Norms Operate Through Dress Codes. 273 III. The Genderization of Dress... 2015
Jon Powell Making Space for Good Things to Happen: a Restorative Approach to the School-to-prison Pipeline 17 Florida Coastal Law Review 83 (Fall, 2015) Marquis was new in the high school. He had just moved to North Carolina from New York City. Marquis had a rough life there. He was one of five kids in a poor black family with no stability. His aunt, who had ties to North Carolina and a heart of gold, took Marquis and his siblings in because she thought the kids would have a better chance in a... 2015
Jerrod Thompson-Hicks Re-entry and the Juvenile Defender 8 John Marshall Law Journal 567 (Spring, 2015) I. Introduction. 567 II. The Juvenile Reentry Population. 573 III. A Juvenile Defender's Role in Promoting Successful Reentry. 579 IV. The Reentry Project and The Second Chances Project. 584 a. The Second Chances Project. 585 b. The Reentry Project. 592 V. Conclusion. 596 2015
Josh Gupta-Kagan Rethinking Family-court Prosecutors: Elected and Agency Prosecutors and Prosecutorial Discretion in Juvenile Delinquency and Child Protection Cases 85 University of Chicago Law Review 743 (May, 2018) Like criminal prosecutors, family-court prosecutors have immense power. Determining which cases to prosecute and which to divert or dismiss goes to the heart of the delinquency system's balance between punishment and rehabilitation of children and the child protection system's spectrum of family interventions. For instance, the 1990s shift to... 2015
Joseph B. Tulman, Kylie A. Schofield Reversing the School-to-prison Pipeline: Initial Findings from the District of Columbia on the Efficacy of Training and Mobilizing Court-appointed Lawyers to Use Special Education Advocacy on Behalf of At-risk Youth 18 University of the District of Columbia Law Review 215 (Spring, 2015) This article will describe the implementation and analyze the results of an attorney training and mobilizing project of the Juvenile and Special Education Law Clinic (Clinic) of the University of the District of Columbia David A. Clarke School of Law (UDC-DCSL). This project was premised in part on the notion that many of the children caught in the... 2015
Stephen S. Worthington Roles for Neutrals in Remedying the School Discipline Gap 7 Yearbook on Arbitration and Mediation 289 (2015) At the outset of 2014, the United States Departments of Education and Justice released guidance that could dramatically affect civil rights enforcement in school discipline cases. In a Dear Colleague letter dated January 8, 2014, the Departments clarified that, when investigating racial discrimination in school discipline under Titles IV and VI... 2015
Alison Evans Cuellar , Sara Markowitz School Suspension and the School-to-prison Pipeline 43 International Review of Law & Economics 98 (August, 2015) Received 4 March 2015 Received in revised form 26 May 2015 Accepted 9 June 2015 Available online 17 June 2015 School discipline Crime Juveniles Schools have many available strategies to address problem behavior among students. One option increasingly used by schools is to suspend problem youth and remove them for defined periods. The purpose of... 2015
Deborah Ahrens Schools, Cyberbullies, and the Surveillance State 49 American Criminal Law Review 1669 (Fall, 2012) In recent years, parents, educators, and the media have expressed a rising concern about the prevalence of bullying in American schools. In particular, this concern has been brought to the forefront with the emergence of cyberbullying and sexting. In response to this perceived epidemic of poor student behavior, legislatures and school... 2015
M. Alex Evans Schoolyard Cops and Robbers: Law Enforcement's Role in the School-to-prison Pipeline 37 North Carolina Central Law Review 183 (2015) Imagine a young man by the name of Kahjah. Many believe that he is the best athlete to come out of the state since Michael Jordan, making him a favorite son of Apex, North Carolina and Middle Creek High School. From the front desk attendant, to the janitor, to the principal, the entire Middle Creek community acknowledges him as a prototypical... 2015
Janel A. George Stereotype and School Pushout: Race, Gender, and Discipline Disparities 68 Arkansas Law Review 101 (2015) As in a family that can never discuss its fundamental secrets, our deeply held and often unconscious beliefs, stereotypes, and biases are too rarely brought to the surface, examined, and finally expunged. Yet as much as we seek to lock them from view, race and racism continue to color our interactions, including our disciplinary actions, on a... 2015
Derek W. Black The Constitutional Limit of Zero Tolerance in Schools 99 Minnesota Law Review 823 (February, 2015) I. The Current Crisis in Discipline. 832 A. The Rise and Breadth of Expulsions and Suspensions. 832 B. The Causal Explanation for Increased Expulsion and Suspension. 835 C. The Rationale and Effectiveness of Zero Tolerance and Harsh Discipline. 837 II. The Courts' Grand Constitutional Intervention and Silent Withdrawal from School Discipline. 841... 2015
Tracie R. Porter The School-to-prison Pipeline: the Business Side of Incarcerating, Not Educating, Students in Public Schools 68 Arkansas Law Review 55 (2015) In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms. Chief Justice Earl Warren This essay takes a critical look at the practice of... 2015
Robert Scott Using Critical Pedagogy to Connect Prison Education and Prison Abolitionism 33 Saint Louis University Public Law Review 401 (2014) Socio-political movements naturally develop divisions between various factions of activists. I want to address what I consider to be an unfruitful schism between activists who organize education programs in prisons (prison educators) and those who oppose the prison system wholesale (prison abolitionists). To the extent to which members of these two... 2015
Lia Epperson Brown's Dream Deferred: Lessons on Democracy and Identity from Cooper V. Aaron to the "School-to-prison Pipeline" 49 Wake Forest Law Review 687 (Fall 2014) One of the most disturbing factors presently limiting educational advancement is the significant racial disparity in the apportionment of school discipline. Due to a series of state-enacted policies throughout the last two decades, school districts across the nation have adopted so called zero tolerance policies that apportion the harshest of... 2014
Jeffrey D. Spitzer-Resnick Children in School: Student Discipline and the School-to-prison Pipeline 87-SEP Wisconsin Lawyer 38 (September, 2014) Too often, discipline in schools merely relocates the problems instead of resolving them, thus leading to serious permanent consequences for misbehaving students and their families and communities. Wisconsin school-discipline law gives tremendous power to school boards to discipline public school students. In general, as long as minimal due process... 2014
Rebecca Schlosser Derailing the Juvenile Justice School-to-prison Pipeline by Reforming the Texas Court System 16 Texas Tech Administrative Law Journal 83 (Fall, 2014) I. Introduction. 83 II. Criminalization of Student Misbehaviors Created Duplicity and Inequity in the System. 84 A. Historical Background of Juvenile Justice. 86 B. Reforms in the 82nd and 83rd Legislative Sessions. 90 1. Has Criminal Ticketing in Texas Decreased as a Result of these Reform Efforts?. 93 2. A Study on Failure to Attend Ticketing and... 2014
David Simson Exclusion, Punishment, Racism and Our Schools: a Critical Race Theory Perspective on School Discipline 61 UCLA Law Review 506 (January, 2014) Punitive school discipline procedures have increasingly taken hold in America's schools. While they are detrimental to the wellbeing and to the academic success of all students, they have proven to disproportionately punish minority students, especially African American youth. Such policies feed into wider social issues that, once more,... 2014
Gary Blasi Fifty Years after Brown V. Board: Five Principles for Moving Ahead 11 Asian Law Journal 324 (May, 2004) It is a privilege to be here, among so many friends and people who are personal heroes of mine. And it is both a privilege and a daunting task to speak about strategies for rekindling the spirit of Brown v. Board of Education. As we look back on Brown and civil rights and educational justice work over the past half-century, it is important to... 2014
Jalise Burt From Zero-tolerance to Compassion: Addressing the Needs of Girls Caught in the School-to-prison Pipeline Through School-based Mental Health Services 6 Georgetown Journal of Law & Modern Critical Race Perspectives 97 (Spring, 2014) Our nation is currently engaged in a dangerously systematic criminalization of youth of color through our public school systems. This system, known as the school-to-prison pipeline, involves pushing children out of traditional schools and into the juvenile and criminal justice systems through the use of harsh disciplinary measures, suspensions, and... 2014
Melina Angelos Healey Montana's Rural Version of the School-to-prison Pipeline: School Discipline and Tragedy on American Indian Reservations 75 Montana Law Review 15 (Winter, 2014) Introduction. 17 I. Foundations of the Pipeline. 18 A. The Nationwide School-to-Prison Pipeline. 18 B. Tribes and Reservations Examined in this Article. 21 II. Background and Approach. 23 A. The Legacy of American Indian Boarding Schools and Educational Segregation. 23 III. The Data: The Presence of Pipeline Indicators in Montana. 25 A. The Harmful... 2014
Stephanie Francis Ward Racial Imbalance Feeds School-to-prison Pipeline 100-APR ABA Journal 66 (April, 2014) Students of color, particularly boys, are suspended and expelled at alarming rates and zero-tolerance school discipline policies fail the communities they serve, said several speakers on a panel at this year's ABA Midyear Meeting. Black students are 3.5 times more likely to be expelled than white students, said Nancy Heitzeg, a sociology professor... 2014
Rebecca Morton Returning "Decision" to School Discipline Decisions: an Analysis of Recent, Anti-zero Tolerance Legislation 91 Washington University Law Review 757 (2014) Public school districts across America are evaluating the effectiveness of zero tolerance school discipline policies. Initially developed in the 1980s to combat the war on drugs, zero tolerance policies spread to school districts in the wake of congressional legislation addressing concerns for school safety. In addition to expulsions mandated by... 2014
Aaron J. Curtis Tracing the School-to-prison Pipeline from Zero-tolerance Policies to Juvenile Justice Dispositions 102 Georgetown Law Journal 1251 (April, 2014) C1-2Table of Contents Introduction. 1252 I. Zero-Tolerance Policies. 1253 a. justifications for zero-tolerance policies. 1254 1. Taking School Violence Seriously. 1254 2. Consistently Punishing Disciplinary Infractions. 1255 b. critiques of zero-tolerance policies. 1255 1. School Violence Is Declining. 1255 2. Students of Color Are Punished... 2014
Janel A. George Undermining Opportunity: Race, Gender, and Discipline Disparities 19-DEC NBA National Bar Association Magazine 18 (December, 2014) Although many African American girls were pivotal in advancing educational opportunity before and during the Civil Rights era, the educational outcomes of African American girls are being undermined by practices influenced by race and gender bias, including overly punitive discipline practices in schools. A recent report by the NAACP Legal Defense... 2014
S. David Mitchell Zero Tolerance Policies: Criminalizing Childhood and Disenfranchising the next Generation of Citizens 92 Washington University Law Review 271 (2014) I. Introduction. 272 II. Zero Tolerance Policies. 277 A. The Origin and Evolution of Zero Tolerance Policies. 278 B. The Impact of Zero Tolerance Policies. 283 1. In General. 287 2. The Disproportionate Impact. 291 C. Legal Challenges. 296 1. Free Speech. 297 2. Right to Privacy. 300 3. Due Process. 302 III. The Next Generation of Disenfranchised... 2014
Kaitlyn Jones #Zerotolerance #Keepingupwiththetimes: How Federal Zero Tolerance Policies Failed to Promote Educational Success, Deter Juvenile Legal Consequences, and Confront New Social Media Concerns in Public Schools 42 Journal of Law and Education 739 (Fall, 2013) The federal government first applied zero tolerance (ZT) disciplinary policies in elementary and secondary public schools both as an expansion of drug control legislation of the 1980s and in response to a string of tragic school shootings in the early 1990s. In compliance with the Improving America's Schools Act of 1994, a reauthorization of the... 2013
Andrea Lollini Brain Equality: Legal Implications of Neurodiversity in a Comparative Perspective 51 New York University Journal of International Law & Politics 69 (Fall, 2018) This article inquires into some of the implications of the concept of neurodiversity. First, it analyzes the definition of neurodiversity and its legal dimension. Then, it explores the claim made by part of the neurodiversity movement that people with different neurodevelopment profiles should be considered a new minority. Finally, this article... 2013
Jennica Janssen Collateral Consequences for Justice-involved Youth: a Model Approach to Reducing the Number of Collateral Consequences 20 Marquette Benefits & Social Welfare Law Review 25 (Fall, 2018) Collateral consequences--stigma and disadvantages individuals face after becoming entangled in the legal system--for justice-involved youth differ by jurisdiction and number in the thousands. Although the American Bar Association (ABA) and the Office of Juvenile Justice and Delinquency Prevention (OJJDP) advocated for the reduction of juvenile... 2013
Daniel J. Losen Discipline Policies, Successful Schools, Racial Justice, and the Law 51 Family Court Review 388 (July, 2013) Research has found that, in 2006, over 28 per cent of Black male middle school students had been suspended at least once, nearly three times the rate for White males. Other research has revealed racial disparities in discipline, including disproportionately high numbers of Black students being removed from class on discretionary discipline grounds,... 2013
Jane G. Coggshall, David Osher, Greta Colombi Enhancing Educators' Capacity to Stop the School-to-prison Pipeline 51 Family Court Review 435 (July, 2013) In this article, we, a group of experts from three federally funded educational technical assistance centers housed at the American Institutes for Research, describe four ways teachers and school leaders can affect children's trajectory into and through the pipeline to prison. We then detail the competencies necessary to promote the kinds of... 2013
Stephen Rushin Federal Enforcement of Police Reform 82 Fordham Law Review 3189 (May, 2014) Congress passed 42 U.S.C. § 14141 in an effort to combat police misconduct and incentivize proactive reform in local law enforcement agencies. The statute gives the U.S. Attorney General the power to initiate structural reform litigation against local police departments engaged in a pattern or practice of unconstitutional behavior. While academics... 2013
Allison R. Brown Federal Spotlight on School-to-prison Pipeline 32 No. 2 Child Law Practice 31 (February, 2013) In 1999, Columbine happened. And in the years following, schools and some states ramped up zero tolerance in school discipline to alleviate fears of another tragedy. The school-to-prison pipeline grew. Here we are again. Recently, Newtown happened. Another horrific tragedy. I am hopeful, however, that we will not see the reactionary overreach in... 2013
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